(1)
Government of NCT of Delhi … Appellant Vs.
Ravinder Kumar Jain & Ors. … Respondents D.D
18/05/2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Locus of subsequent buyer to invoke Section 24(2) - Held, a subsequent buyer of the land after the completion of the acquisition process does not have the locus to invoke Section 24(2) of the 2013 Act to claim that the acquisition has lapsed. The rights under Section 24(2) a...
(2)
SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE …APPELLANT Vs.
STATE OF TAMIL NADU AND ORS. …RESPONDENTS D.D
18/05/2023
Muslim Law - Wakf - Creation of wakf - Requirements - Property dedicated for pious, religious, or charitable purposes - Express dedication or inferred from facts and circumstances - Long usage for religious or public charitable purposes - No evidence of express dedication or long usage in present case - Suit land not established as wakf property. [Para 25-30]
Wakf Act, 1954 - Notification decla...
(3)
SEBIL ELANJIMPALLY Appellant(s) Vs.
THE STATE OF ODISHA Respondent D.D
18/05/2023
Bail application - Rejection of - Co-accused released on bail not surrendering - Whether a relevant factor to decline bail to the appellant - Held, no - Co-accused's actions cannot be attributed to the appellant - Matter requires reconsideration by the High Court.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Offenses under Section 20(b)(ii)(C) - Bail application - Rejection of - C...
(4)
State of Uttarakhand and Anr. .… Appellants Vs.
Ravi Kumar (Deceased) through LRs and others …. Respondents D.D
18/05/2023
Land ownership dispute - Nature of Sale Deed - Inconsistent stand by Respondents - Need for clarification on whether it pertains to sale of leasehold rights or title per se - High Court's parallel findings on the nature of Sale Deed criticized - Sale Deed appears to indicate sale of title rather than leasehold rights. (Para 34-38)
Determination of 1924 Lease Deed - Breach of condition of pr...
(5)
The Indian Oil Corporation & Ors. … Appellant(s) Vs.
Ajit Kumar Singh & Anr. … Respondent(s) D.D
17/05/2023
Judicial Review - Scope of interference in disciplinary proceedings - The High Court exceeded its scope of judicial review by reappreciating the entire evidence as if it were a criminal trial - Judicial review is limited to evaluating the decision-making process and ensuring fairness - Interference is warranted only in cases of violation of natural justice, statutory rules, absence of evidence, pe...
(6)
NATIONAL INSURANCE COMPANY LTD. .....APPELLANT Vs.
VEDIC RESORTS AND HOTELS PVT. LTD. .....RESPONDENT D.D
17/05/2023
Consumer Protection Act, 1986 - Section 23 - Civil Appeal - Challenge to the judgment and order of the National Consumer Disputes Redressal Commission - Insurance company repudiating the claim of the insured - Appellant alleging loss caused by malicious act - Burden of proof on insurer - Insurer failed to establish loss caused by malicious act - Surveyor's report opined loss due to insured per...
(7)
Kamukayi & Ors. …Appellants Vs.
Union of India and Ors. ...Respondents D.D
16/05/2023
Railway accident – Compensation – Bona fide passenger – Burden of proof – Claimants filed claim petition seeking compensation for death of deceased in untoward incident – Initial burden on claimants to prove deceased was a bona fide passenger – Claimants established deceased’s status as bona fide passenger [Para 18] – Burden shifted to Railway Admini...
(8)
M/s.D.N. SINGH ..APPELLANT(S) Vs.
COMMISSIONER OF INCOME TAX, CENTRAL, PATNA AND ANOTHER ..RESPONDENT(S) D.D
16/05/2023
Income Tax - Assessment Year 1995-1996 - Appellants were engaged in the transportation business and were found to be in possession of bitumen without proper documentation - Assessing Officer treated the value of the bitumen as unexplained money and made additions to the appellant's income under Section 69A of the Income Tax Act - Commissioner of Appeals deleted the addition - High Court revers...
(9)
Jini Dhanrajgir & Anr. … Appellants Vs.
Shibu Mathew & Anr. Etc. …Respondents D.D
16/05/2023
Execution of decree – Objections raised by third parties – Exclusive jurisdiction of executing court – Section 47 of the Civil Procedure Code (CPC) mandates that the court executing the decree shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree – Rules 97 to 106...